HomeMy WebLinkAboutR-90-076610/9/90
RESOLUTION NO. 9 O " 766
A RESOLUTION, WITH ATTACHMEIti<(S), AUTHORIZING
THE CITY MANAGER TO ISSUE A REVOCABLE PERMIT,
IN SUBSTANTIALLY THE ATTACHED FORM, TO
CHICO'S, INC., FOR THE USE OF 109 SQUARE FEET
OF SPACE IN THE MANUEL ARTIME COMMUNITY
CENTER LOCATED AT 900 SOUTHWEST FIRST STREET,
MIAMI, FLORIDA; SAID PERMITTEE TO PAY AN
ANNUAL FEE OF $490.50, FOR THE USE OF THE
AREA IN ACCORDANCE WITH THE TERMS AND
CONDITIONS CONTAINED IN SAID REVOCABLE
PERMIT.
WHEREAS, the Chico's Inc., a Florida nonprofit corporation,
has occupied 109 square feet of
space in the Manuel Artime
Community Center since 1986 under
a Revocable Permit, and has
been paying $1.00 yearly for the use of the area; and
WHEREAS, said permit and extensions thereto have expired;
and
WHEREAS, the City of Miami is
willing to allow the Chico's,
Inc. to use the facility through a
new Revocable Permit with an
increased user fee;
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NOW, THEREFORE, BE IT RESOLVED
BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and
findings contained in the
Preamble to this Resolution are
hereby adopted by reference
thereto and incorporated herein as
if fully set forth in this
Section.
Section 2. The City Manager is hereby authorized to issue a
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ATTACHMENTS
CONTAINED
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OF SPACE IN THE
MANUEL ARTIME COMMUNITY CENTER
900 SOUTHWEST FIRST STREET, ROOM 205
MIAMI, FLORIDA
Issued this
day of , 1990.
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ATTEST:
CITY OF MIAMI, a municipal.
corporation of the 'State of z$}
Florida
CITY CLERK:.
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CITY MANAGER
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APPROVED'AS TO FORM ANDx
CORRECTNESS:
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CITY ATTORNEY
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.CONTENTS
DESCRIPTION OF AREA
2.
TIME
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3.
PURPOSE
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4.
FEE
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LAWS APPLICABLE
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6.
UTILITIES
4
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7.
ASSIGNMENT OR TRANSFER
4
8.
CONDITION OF AREA
4
9.
ALTERATION BY PERMITTEE
4
10.
MAINTENANCE
5
11.
CITY'S RIGHT OF ENTRY
5
12.
RISK OF LOSS
5_
13.
INDEMNIFICATION
6
14.
INSURANCE
6
15.
PEACEFUL RELINQUISHMENT
7
16.
GENERALCONDITIONS
7
17.
ADVERTISING
8::
18.
NONDISCRIMINATION
9
19.`
AFFIRMATIVE ACTION
9
20.
MINORITY/WOMEN BUSINESS
UTILIZATION 9
21.
VIOLATIONS
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22.
TAXES
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23.
INTEREST CONFERRED BY PERMIT 10 r°
24.
COURT COSTS AND ATTORNEYS FEES 1p .0
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25.
MODIFICATIONS
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EXHIBIT 1a.
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CORPORATE RESOLUTION'
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The City of Miami(hereinafter referred to as the '#CI'�Y�j)
hereby issues this revocable permit (hereinafter referred t6'416
the "PERMIT') to CiCO 5, INC., a Eldrida nonprofit corporation, a
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(hereinafter referred to as the "PERMITTEE"), for the purpose of
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providing space for the administration offices of CHICO'St INC.
and under the conditions hereinafter set forth, permitting, said
PERMITTEE to use 109 square feet of space of the property located
at 900 Southwest First Street, ROOM 205, Miami, Florida
(hereinafter referred to as the "AREA"), described in Exhibit 1
which is attached hereto and made a part hereof.
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_
CONDITIONS
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This `PERMIT shall be valid for a period of one year
commencing on 'the date of issuance. This PERMIT or any
extensions and renewals thereof, in addition to the termination`
which may result -from or under the provisions of: Section 21
hereof, may also be terminated by the City Manager, with: or
without cause at any time by delivery of a written notice of
revocation, thirty (30).days prior to'revocation.
3. PURPOSE
The AREA shall be used by the PERMITTEE, for the purpose"of (
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providing drama lessons and presentation of plays for children,. «x:
by children.
4. FEE
PERMITTEE shall pay ' for the use of ' the AREA an annual fee`
the amount of $490.50 4
payable in 12 equal monthly 'installments':
in the amount of $401.88 _ `Y
5. 1AWS A
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PERMITTEE' accepts this PERMIT and hereby acknowledges
PERMITTEE's>compliance with all laws of the 'State o Flor a, i
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Ordinances of the City of Miami and Dade County, Plorida,
Pertaining to the operation and maintenance of the AREA,
including but not limited to building codes and zoning
restrictions, is a condition of this PERMIT, and PERMITTEE shall
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comply therewith as the same presently exist and as they may be
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amended hereafter.
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Unless otherwise provided herein, the CITY shall provide all
Utilities, including but not limited to, electricity, water, gas
and sewage disposal. Trash and garbage removal shall be at the
cost of the CITY. PERMITTEE shall be responsible for telephone
charges.
7. NO ASSIGNMENT OR TRANSFER
PERMITTEE cannot assign or transfer its privilege of entry_"
and use granted unto it by this PERMIT.
8. CONDITION OF AREA
PERMITTEE hereby accepts the AREA in its present condition
and shall maintain it in the same condition, order and repair as
it is in at this time, at the cost and expense of the PERMITTEE,
except for reasonable wear and tear.
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9. ALTERATIONS AY PERMITTEE
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A. PERMITTEE may not make any alterations, additions,
partitions: or improvements in or to the AREA without
the written consent, of the City, Manager" or hisf.
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designee. All additions, partitions, or improvements
shall become theproperty of CITY and shall remain a
part;of the AREA at the expiration of this.PERMIT. The
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cost of renovation `of the AREA as to alterations-,':3
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additions, partitions or improvements shall be borne"by`a
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and is the financial responsibility of PERMITTEE,
8• PERMITTEE shall have the right to remove any
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movable personal property or fixtures that it places in
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or on the AREA. All alterations, additions, partitions
or improvements must be in conformance with":,:,
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Provisions of section 5 hereof. If an y part of the
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AREA is in any way damaged by the removal of such items
as stated, in subsection "A" hereof, said damage shall
be repaired by PERMITTEE at its sole coat and expense.
Should PERMITTEE fail to repair any damage caused to
the AREA ten (10) days after receipt of written notice
from CITY directing the required repairs, CITY shall
cause the AREA to be repaired at the sole cost and
expense of PERMITTEE. PERMITTEE shall pay CITY the
full Cost of such repairs within ten (10) days of
receipt of an invoice indicating the cost of such
required repairs. Failure to pay such invoice shall be
sufficient cause to revoke this PERMIT as provided in
Section 21 below. Notwithstanding the above, this
PERMIT may be revoked due to PERMITTEE's failure to
repair the AREA as directed without the necessity of,
CITY repairing the AREA.
C. Upon completion of construction, and/or
improvements, the paid invoices, receipts and' other
such documents shall be submitted to the City Manager.
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10. MAINTENANCE
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PERMITTEE shall maintain the AREA in good order and -repair
at ail times, and in an attractive, clean and sanitary condition,
during the period of this PERMIT or any extension or - renewal
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hereof.'
11. CITY'S RIGHT OF ENTRY
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CITY, or any of its properly designated agentszl
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representatives`, or employees, shall have the right to enter the`
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AREA during all reasonable working hours, to examine 'and/6r1
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inspect the same and for any necessary access to the adjoininq,-
City property.
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12. RISK OF hOSS
PERMITTEE shall pay on behalf of, defend, Indemnify and
CITY harmless 'against all risk of loss, injury or damage of an
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kind or nature whatscover to property now or hereafter placed on
or within.the AREA and all risk of loss, injury or damage of any
kind, or nature whatsoever to the contents of such building or
improvements made by PERMITTEE to the structure or structures or
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to any goods ,..chattels, merchandise or to any other property that
may now or hereafter be placed upon the AREA, whether belonging
to PERMITTEE or others, whether said loss, injury or damage
results from fire, hurricane, rising water or from any other
cause or other contingency, and whether the same be caused by the
claimed negligence of CITY or any of its employees, agents or
otherwise, and shall keep CITY harmless from all claims and suits
growing out of any such loss, injury or damage.
13. INDEMNIFICATION AND HOLD HARMLESS
The PERMITTEE shall indemnify and save the City harmless
from any and all claims, liability, losses and causes of actions
which may arise solely as a result of the PERMITTEE's negligence.
14. INSURANCE
PERMITTEE shall maintain throughout the period of this;
PERMIT and through any periods of extensions. or renewals, the
following insurance:
A. Commercial General liability, Comprehensive
General liability or its equivalent, on an occurrence
form with a combined single limit of at least $500,000
covering operations conducted in the AREA,. bodily
injury and property damage liability. Any other
coverage deemed necessary in the .course of business.
The City shall be named an additional insured. on.the
policy or policies of insurance. -
B. The policy or policies of insurance required shall
be so. written that the policy or policies may not be
cancelled or adversely changed without thirty (30) days
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advance written notice to the City of Miami berg
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delivered to the Insurance Manager, City At
Office, One Southeast 3rd Avenue, Miami, Florida 33133,}
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A current Certificate of Insurance showing the required coverage
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shall be supplied to the property and Lease management Office of
the CITY. Insurance policies required above shall be issued by
companies authorized to do business under the laws of the Staten,
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With the following qualifications as to management and financial'
strengths The company should be rated A as to management, and no
less than 'class V as to financial strength, in accordance with
the latest edition of Best's Key Rating Guide; published by
Alfred M. Best Company, Inc., Oldwick, New Jersey 08858, pending
the approval of the Self Insurance Committee and the Insurance
Committee. Receipt of any documentation of insurance by the CITY
or by any of its representatives which indicates less coverage'
than required does not constitute a waiver of the PERMITTEE's
obligation to fulfill the insurance requirements herein.
15. REACEFUL RELINQUISMMNT
At the expiration of the PERMIT period, PERMITTEE shall,
without demand, quietly and peaceably relinquish, its use of the
AREA in as good condition as it is now, except for normal wear`
and tear such relinquishment also being required, upon demand of
the City Manager, pursuant to the provisions of Section 21-
hereof, or as provided in Section 2 hereof or as may otherwise be.
directed` by CITY.
16. GENERAL CONDITIONS
A. All notices or other communications which may, be
given pursuant to this PERMIT shall be delivered sin
writing, by personal service or registered mail, and.:
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shall be addressed to CITY and PERMITTEE as follows:
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CITY OF MIAMI' PERMITTEE
City Manager Chico's,�Inc.
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Attn: Property & Lease Mgmt. Manuel Artime Comm. Cent.
City of Miami 900`S.W. 1st Street,
P.O. Box 330708 Miami, Florida 33130
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Miami, Florida
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Such notice shall be deemed given on the day on which
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personally served; or, if by mail, on the fifth day
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achievement which will require that action be taken to provide
equal opportunity in hiring and promoting for women, minorities,
the handicapped, and Vietnam ore veterans. Such plan will:
include a set of positive measures which will be taken to insure
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nondiscrimination in the work place as it relates to hiring
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firing, training and promotion. In lieu of such a policy/plan,
PERMITTEE shall submit a Statement of Assurance indicating that
their operation is in compliance with all relevant Civil Bights
laws and regulations.
20. MIRMITY/WOMEN BUSYNESS UTILIZATION
PERMITTEE, shall make every good faith effort to
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purchase/contract fifty-one percent (51%) of its annual goods and
services requirements from Hispanic, Black and Women
businesses/professionals registered/certified with the City of
Miami's Office of Minority/Women Business Affairs. Such lists
will' be made available to the PERMITTEE at the time of the
issuance of the PERMIT by the City of Miami and updates will be:
routinely provided by the City's Office of Minority/Women
Business Affairs.
21. VIOLATIONS
If PERMITTEE in any manner violates the restrictions and
conditions of this PERMIT, then, and in the event, after ten (10)'
days written notice given to PERMITTEE by the City Manager within
which to cease such violation or to correct such deficiencies,
and upon failure of PERMITTEE to do so after such written notice,.
this PERMIT is hereby revoked automatically without the need for
other or further action by CITY.
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During the period of this PERMIT, PERMITTEE shall pay
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and all taxes of whatever nature lawfully levied upon or assessed;`
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against the AREA.
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23. EST CQNFE B BY PERMIT
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f The provisions of this PERMIT do not constitute a
the rights of PERMITTER hereunder are not those of a - temnt. a
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leasehold interest in the AREA is conferred upon RERMITTRR under ,
the proviaiorie hereof.
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24. COURT Cb�T's A_ND AT'r'OR�E�+ i S EEF�
In the event that it becomes necessary for CITY to institute
legal proceedings to enforce the provisions of this PERMITr
PERMITTEE shall pay CITY's court costs and attorney's fees..
25. HODIFICATThNS
The conditions contained herein shall not be modified unless
said modifications are approved in writing by the City Manager,
ACKNOWLEDGMENT
IN WITNESS WHEREOF, PERMITTEE has hereunto caused this
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Revocable Permit to be applied for and has executed.the following
by its duly authorized officers, as of this day of
1990.
ATTEST: PERMITTEE:
_ CHICO'S, INC.
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(Seal)
Corporate Secretary President
APPROVED AS TO
.INSURANCE REQUIREMENTS:
Insurance Coordinator
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t'��t�iitlA�E �ESOL �fmYON
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WHE99AS, the Hoard of Directors of CHICO'S, INC. desires to
obtain 'a Revocable Permit from the CITY OF MIAMI for use of 109
square feet of space at 900 Southwest First Street, Miat�,
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Florida, and
WHEREAS', the Board of Directors of CHICO'S, INC. has
examined the terms, conditions and obligations of the proposed,
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Revocable Permit from the CITY and for use of said space; and
WHEREAS, the Board of Directors at a duly held corporate
meeting has considered the matter in accordance with the By -Laws
of the corporation;
- NOW,- THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
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CHICO'S, INC., that the President is hereby authorized and
instructed to execute an acknowledgment in the name, of and on
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behalf of this corporation of its application for the use of 109
square feet of space at 900 Southwest First Street, Miami,
Florida in accordance with the terms and conditions for such use
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as are imposed by the CITY,' and in accordance with the . fee for
such use, all as contained in the Revocable Permit sought to be
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obtained from the CITY.
IN WITNESS WHEREOF, this day of ,' 1990`.
CHICO'S, INC.
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By
President
ATTEST:
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Corporate Secretary
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